물품대금
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. We examine, ex officio, whether the instant lawsuit is lawful or not, ex officio, as to the determination on the legitimacy of the instant lawsuit.
A. Article 603(1) and (3) of the Debtor Rehabilitation and Bankruptcy Act provides that where a creditor recorded in the list of individual rehabilitation creditors fails to file an application for a final judgment on an individual rehabilitation claim inspection within the objection period, or the application for a final judgment on an individual rehabilitation claim inspection is rejected, a claim is finalized according to the list of individual rehabilitation creditors, and where any confirmed individual rehabilitation claim is entered in the list of individual rehabilitation creditors, such entry shall have the same effect as a final judgment on all individual rehabilitation creditors, and thus, there
B. According to the following facts which are acknowledged as a whole by comprehensively taking account of the overall purport of the pleadings in each statement in the evidence Nos. 1 and 2 as to the instant case, there is no dispute between the parties, or there is no interest in the lawsuit since the instant lawsuit becomes final and conclusive and sought the implementation of individual rehabilitation claims indicated in
1) On July 13, 2016, the Defendant filed an application for individual rehabilitation with the Seoul Rehabilitation Court No. 2016da79171, and received a decision on commencing the rehabilitation procedure from the above court. 2) The list of creditors submitted at the time of the Defendant’s application for the above rehabilitation includes the Plaintiff’s claim for the price of goods against the Defendant asserted in the instant lawsuit.
3) As to the entry in the above list of creditors, the Plaintiff did not file an application for final judgment on a final judgment on an individual rehabilitation claim within the objection period. 4) Accordingly, the Plaintiff’s claim for the payment of goods against the Defendant was confirmed as is and entered in the list of individual rehabilitation creditors, and the Defendant was determined to authorize the repayment plan from the above court on November 10, 2
2. As such, the instant lawsuit is unlawful and thus, it is so decided as per Disposition by the assent of all participating Justices.